Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business.
Senate Proposes Whistleblower Programs Improvement Act
In late September, Senators Chuck Grassley (R-Iowa), Tammy Baldwin (D-Wis.), Joni Ernst (R-Iowa), and Dick Durbin (D-Ill.) introduced the Whistleblower Programs Improvement Act, which would protect financial whistleblowers who report internally from retaliation. This bill, which mirrors the Whistleblower Protection Reform Act of 2019 and passed in the House of Representatives in May, appears similarly aimed at clarifying that the Dodd-Frank Act’s anti-retaliation provision applies equally to employees who report alleged misconduct directly to the SEC and to employees who only report alleged misconduct internally to their employers. In 2018, the United States Supreme Court ruled in Digital Realty Trust, Inc. v. Somers, 583 U.S. __, 138 S.Ct. 767 (2018) that the plain language of Section 922 extends anti-retaliation protection to employees who report misconduct directly to the SEC.Read more here.